Abstract

ORTEGA VELAZQUEZ, Elisa. Genealogy of the International Asylum Regime: Control or Protection?. Anu. Mex. Der. Inter [online]. 2022, vol.22, pp.267-312.  Epub Aug 07, 2023. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2022.22.16954.

The central hypothesis of this article is that the international asylum regime, and its implementation through the refugee regime, has a biopolitical rationality of control, selection and exclusion that serves the practical, political, racist and class ends of the States. In other words, the objective is to refute the prevailing narrative that presents it with a humanitarian logic of protection of persecuted people and in line with human rights and to demonstrate that from its origins it has a different rationality. The methodological design is deductive; that is, this theorization was reached through documentary sources. For the purposes of testing the referred hypothesis, first, how the refugee subject has been constructed, defined, and limited will be studied. Second, a genealogy of the international refugee regime will be drawn up in its four phases of development, from the early 20th century to the present. And third, the biopolitical rationality of the international refugee regime will be analyzed, which is based on selection, control, and exclusion, but not on the protection of these people.

Keywords : asylum; refugees; international public law; control and selection; human rights.

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